1st Edition
Sustainable Development in the European Union A General Principle
This book undertakes a critical appraisal of the concept of sustainable development in the European Union. In addition to existing issues of sustainability, it examines the development of a European "general principle" of sustainable development. This original, critical approach examines legal, political, and economic implications of the emergence of the principle and places the impact of such in local, national, intranational, and international contexts. While essentially focusing on the development of the principle, the discussion also includes a normative assessment of current policy and practice, and appraises European efforts in the light of international goals.
Table of Contents
Table of cases *
Table of EU Secondary Legislation *
Table of Other Authorities *
Chapter One *
Introduction *
The structure of this book *
CHAPTER 2 *
Sustainable Development: Concept, Principles, and Practice *
The Concept of Sustainable Development: Its Evolution on the International Plane *
Sustainable Development: Contest and Debate of Meaning *
Sustainable Development: Legal Context and Application *
Precautionary Principle *
The Polluter Pays Principle *
Public Participation *
The International Context of Sustainable Development *
Conclusion *
Chapter Three *
Sustainable Development and General Principles of EU Law *
Principled-based sustainable development in EU Law *
General Principles in EU Law and sustainable development *
Subsidiarity as a general principle in EU law *
Proportionality as a general principle in EU law *
EU Sustainable development in subsidiarity and proportionality: Legal procedural impact *
The legal effect of EU principle-based sustainable development *
Sustainability in Subsidiarity and Proportionality: procedural impact *
Conclusion *
Chapter Four *
The Precautionary Principle and Sustainability in EU Environmental Protection *
Precautionary Approach to Environmental Protection *
EU Environmental protection and Precaution - law, policy and practice *
Conclusion *
Chapter Five *
The polluter pays principle: Economic Aspects of Sustainability the EU *
The Polluter Pays Principle and Sustainable Development *
The Polluter Pays and Economic regulation in EU law, policy and practice *
The Polluter Pays in EU law and policy *
The Polluter Pays principle and economic regulation in practice *
Transport Policy *
Common Agricultural Policy *
Competition and State Aid *
Critical Review of polluter pays approaches to policy *
Conclusion *
Chapter Six *
Public Participation and Access Rights in EU Law *
Public Participation Principle and Sustainable Development *
The Arhus Convention on Public Participation and Social Justice *
Right to information - Pillar I *
Procedural rights - Pillar 2 *
Access to justice - Pillar 3 *
Arhus' Access Rights in EU Law, Policy and Practice *
Application of 'Access to Justice' Rights in the EU *
Access to Justice Case Law *
Critical Review of Access Rights approach to EU sustainability policy *
Conclusion *
CHAPTER SEVEN *
Sustainable Development in EU External Relations *
Sustainable development as an international issue for the EU *
The EU’s Presence in the International Arena: on Climate Change *
EU Promoting Sustainable Development *
Sustainable development and key actors on the international stage *
The World Trade Organization (WTO) *
Other Key Actors’ Role in Sustainable Development *
The United States *
China *
Russia *
India *
Brazil *
Chapter Eight *
Conclusion *
Biography
Professor Matthew Humphreys, MBE, is Head of the School of Law, Royal Holloway, University of London. He is also a Professor at the University of Notre Dame, USA.
An authoritative and engaging review of the journey and current position of sustainable development in the EU. Humphries provides a valuable framework for understanding the concept, its legal and policy context and examines the extent to which the EU meets the legal and political challenges in balancing competing economic, environmental and social interests.
Professor Toni Hilton, Dean Glasgow School for Business and Society, Glasgow Caledonian University
